JUDGMENT AND ORDER : 1. By means of this writ petition, the unfortunate mother of a police constable who died while discharging the election duty has approached this Court as the respondents did not release the ex-gratia payment as declared by the Memorandum under No. F.3(6)/CED/ACTTS/2008/5834-58, dated 03.04.2009 (Annexure-7 to the writ petition) by the Government of Tripura in the Election Department. Clause-4 of the said memorandum dated 03.04.2009 provides as under: “An amount of Rs. 5(five) lacs as the minimum amount to be paid to the next of kin of the official/affected persons in the unfortunate event of death of the official/affected persons while on election duty.” 2. Heard Mr. M.K. Roy, learned counsel appearing for the petitioner as well as Mr. B. Dutta, learned counsel appearing for the respondents. 3. There is no dispute that the constable No. 00677, Paban Kumar Sinha son of the petitioner, died on 09.03.2013 while he was discharging the Government duty in connection with the Assembly Election, 2013. This has been acknowledged by the respondents by their communication dated 25.03.2013 (Annexure-A to the writ petition). 4. The petitioner has been declared by the respondents as the legal heir of the said constable, as evident from the declaration of legal heirs under No. 4465-74/F.PF/P.K.Sinha/ESSTT/ KTDS PTA/2013, dated 10.05.2013 (Annexure-B to the writ petition). It is not also in-dispute that a sum of Rs. 75,000/- has been paid to the petitioner under the Die-in- Harness Schemes as there was none in the family to be provided with a suitable job for death of the petitioner's son. 5. But the said ex-gratia payment was not released even on the face of the notice dated 04.06.2015 (Annexure-D to the writ petition) which was served on the Director General of Police. By the communication dated 18.12.2015 under No. 3681-87R-76/DGP/LC/2015, the learned advocate through whom the notice was served, was informed that the claim was devoid of merit. Again, another notice was served on 28.12.2015 raising the claim of Rs. 20,00,000/- for the death of the petitioner's son. Again the said advocate, through whom the notice was served, was informed that the claim was devoid of merit. Again, another notice was served on 28.12.2015 raising the claim of Rs. 20,00,000/- for the death of the petitioner's son. Again the said advocate, through whom the notice was served, was informed that the claim was devoid of merit. The petitioner had received the communication dated 14.01.2016 (Annexure-E to the writ petition) from the Additional Chief Electoral Officer wherefrom the following has surfaced: “I am directed to refer to the subject cited above and to inform you that a certificate vide Memo. No. 3675/F.11(11)/RSV/KTDS PTA/12 dated 26.03.2013 was issued by the Principal KDTS, Police Traning Academy, Narsingarh, Tripura (West), wherein is noted that Recruit Constable No. 00677, Paban Kumar Sinha of KTDS, Police Training Academy Tripura, Narsingarh was discharged from Government Service w.e.f. 09.03.2013 F.N. on his expiry at Bishalgarh during Govt. duty in connection with Assembly Election 2013 (Copy enclosed). It may be mentioned that as per schedule for General Election to the State Legislative Assembly of Tripura (copy enclosed) the Poll was held on 14th February, 2013 and the Counting of Votes was done on 28th February, 2013. It may also be pointed out that the entire process of Election has been completed on 03.03.2013.” 6. From the said communication dated 14.01.2016, made by the Additional Chief Electoral Officer, Tripura it is evident that the petitioner's son died on 09.03.2013 when he was discharging the duties in connection with the Assembly Election, 2013. According to the said communication dated 14.01.2016 the election process was completed on 03.03.2013. 7. A copy of the said communication was also forwarded to the advocate through whom the petitioner had served the notice. Mr. M.K. Roy, learned counsel appearing for the petitioner has submitted that the decision as taken by the respondents not to release the ex-gratia payment in terms of the said memorandum dated 03.04.2009 is absolutely arbitrary and contrary to the provision and as such the respondents be directed to release the said ex-gratia payment with interest. 8. Mr. B. Dutta, learned counsel appearing for the respondents has admitted that the ex-gratia of Rs. 8. Mr. B. Dutta, learned counsel appearing for the respondents has admitted that the ex-gratia of Rs. 5,00,000/- was not released for the reason that Clause-7 of the said memorandum dated 03.04.2009 which reads as under: “The period of coverage may commence from the date of announcement of election and will continue to remain in force till the election process is over or for the next 30 days which ever is more.” The petitioner according to Mr. Dutta, learned counsel is not entitled to get the said ex-gratia payment. 9. Mr. Dutta, learned counsel appearing for the respondents has further submitted that since the death occurred on 09.03.2013 and the election process was over on 03.03.2013, the petitioner was not entitled to any ex-gratia payment owing to death of his son. In this respect, he has made reference to one of the communications dated 25.11.2013 (Annexure- R/6 to the counter affidavit filed by the respondents and for reference the same is extracted hereunder: “NO. F.3(6)-CEO/ACCTTS/2012/16944-45 GOVERNMENT OF TRIPURA ELECTION DEPARTMENT Dated, Agartala, the 25th November, 2013 To, The Director General of Police Government of Tripura Agartala, West Tripura Subject: Proposal for according sanction of ex-gratia/compensation to the NOK of deceased R/C-00677 Paban Kumar Sinha of Principal, KTDS, PTA, Narsingarh of West District. Sir, I am directed to refer to your letter No. 46471/P.III(1)/PHQ/Exgratia/Acctts/2009 dated 21.10.2013 on the subject cited above and to inform that Paban Kr. Sinha deceased constable R/C No. 00677 died on 09.03.2013 as it reveals from the letter under reference. In this regard, guideline for providing payment of ex-gratia compensation to the families of polling Personal and other election related officials issued vide this office Memorandum No. 5834-58 dated 03.04.2009 circulated vide this office letter No. 946-76 dated 12th January 2013 during Assembly Election 2013 may kindly be referred here. It is mentioned in the guideline that the period of coverage for payment of ex-gratia compensation may commence from the date of announcement of election and will continue to remain in force till the election process is over or for the next 30 days which ever is more. In views of this, the instant case so far dose not come under the period of coverage as per said guideline as Assembly Election 2013 process has been over on 03.03.2013 and his date of death is on 09.03.2013. In views of this, the instant case so far dose not come under the period of coverage as per said guideline as Assembly Election 2013 process has been over on 03.03.2013 and his date of death is on 09.03.2013. Copies of aforesaid communications of this office are annexed herewith for favour of kind perusal and ready reference. This is for favour of your kind information Enclo:- As stated Yours Faithfully (D.C. Das) Addl. Chief Electoral Officer Tripura Copy to:- 1. The Deputy Secretary, Home Department, Government of Tripura for information. 10. Mr. Dutta, learned counsel appearing for the respondents has also submitted that for these reasons as stated in the said communication dated 25.11.2013, the respondents have come to a conclusion that the case of Paban Kumar Sinha does not come under the purview of the said Assembly Election, 2013, as the process of election 2013 was over on 03.03.2013 whereas the death of Paban Kumar Sinha occurred on 09.03.2013 [reference be made to the Para-12 of the counter affidavit]. 11. This Court is really surprised to note the manner in which the said Clause-7 as reproduced above has been interpreted by the respondents. Clause-7 has clearly provided that the period of coverage may commence from the date of announcement of election. It is an undisputed fact that the election process started on 11.01.2013. The Clause further provides that the coverage will continue till the election process is over or for the next 30 days whichever is more. 12. It is also not in-dispute that the election process was over on 03.03.2013 and the said constable died on 09.03.2013. Finally, what calls for consideration is that what the period of coverage would actually be in this case. There cannot be any ambiguity while declaring the benefit of such as ex-gratia payment, the executive has taken care of certain unforeseen eventualities like that of the return of the deployed force to their regular place of posting or barracks etc., that the coverage shall continue to remain in force till the election process is over. They did not stop there. They did not stop there. They have added further that it would also remain in force or for the next 30 days and whichever is more, meaning, additional 30 days will be added with the day on which the election process was over, e.g. if the clause was framed differently the period of coverage may commence from the date of announcement of election and it will continue to remain in force for the next 30 days or the election process is over, whichever is more, the contention of the respondents would have been tenable. Else, no meaning to sub-serve the object can be curved out. As such this case is well covered by the memorandum dated 03.04.2009 and for that interpretation the action as impugned in this writ petition including the impugned letters dated 01.12.2015, 02.01.2016 and 14.01.2016 are liable to be interfered with. Hence, those are set aside and quashed. 13. The respondents are directed to pay the ex-gratia payment to the extent of Rs. 5,00,000/- to the petitioner within a period of 30 days from the day on which the petitioner shall furnished a copy of this order, failing which, the said amount shall carry interest @ 12% from the date of death of the said constable, namely, Paban Kumar Sinha i.e. 09.03.2013 till the payment is made. 14. With these observations and direction, the writ petition stands allowed to the extent as indicated above. There shall be no order as to costs.